Juridiction – Does civil court have authority over a state commission?

by Paul Strauss: Julio Cesar Chavez, Jr. got hit right between the eyes with a suspension (9 mo) and hefty fine ($900K). He’s just now coming out of his stupor, and coming to the realization that, “Hey, that’s a hell of a lot of money, and I don’t want to pay it. I’m not even sure I can pay it!”

So, what’s a poor pug like JCC jr to do? JCC jr told them he was sorry and that it was just a little majiuana. What’s the big deal? Well, he was reminded about his previous transgression, but he quickly brushed that aside as nothing more than an innocent attempt at trying to make weight.

Again, Chavez says, “What’s the big deal?” Well, the Nevada State Athletic Commission (NSAC) wasn’t convinced, and proved to be unsympathetic. They used the full weight of their authority to send a wake up call to this mellowed out youngster, who is used to getting his way.

Now, the the authoritative dust has settled, and reality has kept into the foggy brain of this former champion. He wants help, and his ancient promoter Bob Arum of Top Rank has joined the fray. Arum loves crap like this. It’s a chance for him to once again demonstrate his true calling, which is to fight for the down trodden of the sport. Who, but a boxing promoter and attorney, is more capable of advising this heir to one of the greatest? Arum has the credentials, the experience, and the proven track record. Well, doesn’t he?

Okay, so he was wrong about the attorney general stepping in and reversing the Timothy Bradley decision over Manny Pacquiao. He promised vindication and that heads would roll. But, surprise surprise, the state attorney general’s office said there was no crime, and essentially they didn’t have jurisdiction.

Oops!

Well, apparently Arum feels things will be different in this case. How so? Will Arum advise JCC jr to sue in criminal court? If so, what’s the charge? What crime has been committed? Okay, if not in criminal court, will Arum tell him to sue in civil court? Again, what jurisdiction does a civil court have over a body established and appointed by the government? Is there some type of negligence that can be proven? Does Arum reallly think the NSAC doesn’t have the authority to take the action taken in this matter?
We’re missing the point, right? The point is Arum and Chavez don’t think it’s fair! Oh, okay, that should be enough for a civil court to step in and say, “Yep, you (NSAC) were mean to this pot smoker and therefore negligent. Therefore, JCC jr’s attorney will claim it’s obvious because of your meaness that you’re liable in this matter. As a result, we’re asking the court to order the NSAC to rethink their unusually harsh penalty and give this kid a break. Case Closed.

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